J. Company BLACK (HAULAGE) Ltd v ALLTRANSPORT INTERNATIONAL GROUP Ltd
| Jurisdiction | Scotland |
| Judgment Date | 03 August 1979 |
| Date | 03 August 1979 |
| Docket Number | No. 5. |
| Court | Court of Session (Outer House) |
OUTER HOUSE.
Lord Allanbridge.
ProcessReviewReduction as a mode of reviewCompetencyReduction of Sheriff Court decreeDecree by defaultDefault due to oversight by law agentCircumstances in which remedy of reduction allowed.
A transport company ("Alltransport") raised an action in the Sheriff Court against a company ("Black") for freight charges. Black's solicitors, owing to an oversight, missed the tabling of the action and did not lodge defences. Subsequently decree by default was pronounced and decree extracted.
Black raised an action of reduction of the Sheriff Court decree. It was averred that at no time before the decree was extracted were Black aware that decree by default had passed against them. They averred that they had a substantial defence to the Sheriff Court action in that there had been a material breach of an implied condition by Alltransport of the contract of carriage. For Alltransport it was contended that the action of reduction was inappropriate since there were no special circumstances warranting it and other remedies were available.
Held, after a procedure roll hearing, (1) that the remedy of reduction would not normally be granted when another method of review was open to the party seeking to reduce the decree, or had at one time been open to him, and he had failed to take advantage of it.
Dictum of Viscount Dunedin in Adair v. David Colville & Sons, 1926 S.C. (H.L.) 51, followed.
(2) That a court should be slow to allow a decree to pass against a defender without investigation of the defence where that defence could be shown to be substantial.
Dicta of Lord President Normand and Lord Moncrieff inM'Kelvie v. Scottish Steel Scaffolding Co., 1938 S.C. 278, 280 and 281, applied.
(3) That Black had a substantial defence to the Sheriff Court action and in the special circumstances had relevantly averred that no...
To continue reading
Request your trial
-
Susan Foster V. The Keeper Of The Registers Of Scotland And Another
...or rendering the statutory procedures inapplicable (Fraser v M'Neill 1948 SC 517 at 523-4, JC Black Ltd v Alltransport Inter. Group Ltd 1980 SC 57, Riverforce Finance Ltd v Kelly 1991 SLT 300, R v Chief Constable of the Merseyside Police 1986 2 WLR 144). Safeway Stores PLC v Tesco Stores Lt......
-
Patrick Joseph Sullivan V. Mrs. Shirley Ann Mccann Sullivan (ap)
...fall to be regarded as "exceptional". In this context, counsel for the pursuer founded on cases such as J & C Black Ltd v Alltransport Ltd 1980 S.C. 57 and Johnstone & Clark (Engineers) Ltd v Lockhart 1995 S.L.T. 440, where what might be described as a benign approach had been taken. In Bla......
-
Petition Of Mutas Elabas For Judicial Review Of A Special Adjudicator And Immigration Appeal Tribunal
...Counsel recited a list of authorities said to be relevant: J & C Black (Haulage) Ltd v Alltransport International Group Ltd, 1980 SC 57; Kirkwood v Glasgow District Council, 1988 SC 169; Alagon v Secretary of State for the Home Department, 1995 SLT 381; Sangha v Secretary of State for the H......
-
Angus Bell And Another V. Flora Brown Campbell Or Fiddes
...were referred to in the action before me which I now list. Robertson's Executors v Robertson 1995 S.C. 23; Black v Alltransport etc. Ltd 1980 S.C.57; Nunn v Nunn 1997 S.L.T. 182; Murdoch v Murdoch 1973 S.L.T. (Notes) 13; Hill v McLaren (1879) 6 R. 1363; Millar v Christie 1961 S.C. 1; Moyes ......